Disposed

Sri. T. Ramakrishna v. the State of Karnataka

Karnataka HC1 Mar 2023WP/545/2020

Case brief

AI extract

What is this about?

The Court disposed of a petition challenging an order revoking an electricity connection due to a fake occupancy certificate. Granting liberty to reapply under new regulations, the Court restrained further disconnection pending the application.

What did the court decide?

Liberty granted to reapply for electricity sanction; restrained from disconnecting power supply pending application subject to payment of charges.

Sri. T. Ramakrishna Vs the State of… — Pension and Retirement Benefits | Karnataka HC (2023)

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WP No. 545 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 545 OF 2020 (GM-KEB)

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BETWEEN:

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SRI. T. RAMAKRISHNA S/O T.KRISHNAIAH AGED ABOUT 45 YEARS R/A VINAYAKANAGAR DWARAKANAGAR, IAF POST BENGALURU-560 063.

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…PETITIONER

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(BY SRI. RAHUL S.REDDY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY SECRETARY DEPARTMENT OF ENERGY VIDHANA SOUDHA BENGALURU-560 001.

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Digitally signed by R HEMALATHA Location: High Court of Karnataka

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THE SUPERINDENDENT ENGINEER (V) OFFICE OF COMMERCIAL WORKS & MAINTENANCE BANGALORE CIRCLE (NORTH), CRESCENT ROAD, BENGALURU-560 001.

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THE ASSISTANT EXECUTIVE ENGINEER (V) 7^TH CENTRAL SUB-DIVISION (BESCOM) YELAHANKA, BENGALURU-560 004.

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…RESPONDENTS

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(BY SRI.G.M.CHANDRASHEKAR, AGA FOR R1; SRI. H.V.DEVARAJU, ADVOCATE FOR R2 & R3)

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THIS WP FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM DATED 22.11.2019 IN

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WP No. 545 of 2020

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NO.SAKAIM(V)/SAIM(THA)/C7/2833-35 RESPONDENT NO.3 VIDE ANNEXURE-K AND ETC.

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ISSUED BY

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed challenging the Official Memorandum

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dated 22.11.2019 issued by respondent No.3 at Annexure-K, by which, electricity connection sanctioned to the subject premises was revoked on the ground that, petitioner has furnished fake occupancy certificate.

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The Karnataka Electricity Regulatory Commission has issued notification dated 01.07.2022 by which, existing clause in the Condition of Supply of Electricity and Distribution Licensees in the State of Karnataka, which prescribed for furnishing of occupancy certificate by the Competent Authority for the purpose of availing power supply has been deleted. In view of the said notification, there is no requirement for the petitioner to furnish occupancy certificate for availing power connection afresh. The said amendment is prospective.

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WP No. 545 of 2020

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This Court vide order dated 13.01.2020 granted

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interim order, restraining the respondent from disconnecting power supply to the petitioner's premises.

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Therefore, this petition stands disposed of, granting liberty to the petitioner to submit an application afresh for seeking sanction of power supply with the respondent No.3.

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If, such application is submitted by the petitioner within four weeks from the date of receipt of certified copy of this order, respondent No.3 to consider the same in accordance under the existing regulations. Till then, respondent No.3 not to disconnect power supply to petitioner's premises subject to payment of regular consumption charges.

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Pending I.As., if any, do not survive for consideration in view of the disposal of the main matter.

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Sd/JUDGE

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GPG

Sri. T. Ramakrishna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. T. Ramakrishna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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